The court, which granted resentencing under CPL 440.46(1) on a December 9, 2002 conviction, correctly concluded that defendant was not entitled to resentencing under CPL 440.46(2) on his class C felony drug conviction. That felony was set forth in a separate charging instrument, was the subject of a separate sentencing proceeding, and was adjudicated in a separate commitment order from defendant's class B felony, notwithstanding that the sentences ran concurrently, as part...
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